At-Fault Driver
Definition
The at-fault driver is the person whose negligence or wrongful conduct caused or contributed to causing a motor vehicle accident. In Texas, a fault-based insurance system, the at-fault driver (or their insurance company) is legally responsible for paying damages to those injured in the collision. Determining the at-fault driver involves analyzing factors like traffic law violations, witness statements, police reports, and physical evidence.
How It’s Used in Personal Injury Cases
Identifying the at-fault driver is essential to pursuing compensation after an accident. The at-fault driver’s liability insurance is the primary source of recovery for your damages. Insurance adjusters investigate accidents to determine fault, but their conclusions may not always be accurate or fair. Under Texas’s modified comparative fault system, you can recover damages as long as your own fault is not greater than 50%—but the at-fault driver’s insurance company will often try to shift blame to minimize its payout.
Practical Example
Carlos was stopped at a red light when another driver, distracted by their phone, rear-ended his vehicle. The distracted driver is clearly the at-fault driver because they violated traffic laws and the duty of care by texting while driving. Carlos can file a claim against the at-fault driver’s liability insurance for his medical bills, lost wages, vehicle damage, and pain and suffering.
Why It Matters to Your Case
Establishing who was at fault determines whose insurance pays and how much you can recover. Insurance companies routinely dispute fault or claim shared responsibility to reduce their payouts. Thorough documentation—including photos, witness information, and police reports—helps prove the other driver’s fault and protects your right to full compensation.
Key Takeaway
The at-fault driver’s negligence makes them and their insurance liable for your damages—documenting evidence of their fault is critical to securing fair compensation.